Estado de coisas inconstitucional — STF ADPF 347/2015

Concept and origin

The term estado de coisas inconstitucional (“unconstitutional state of affairs”) was originally developed by Colombia's Corte Constitucional in T-153/1998 and adopted by Brazil's Supremo Tribunal Federal (STF) in ADPF 347 MC/DF. It denotes a systemic and structural violation of fundamental rights that cannot be remedied through individual case-by-case decisions, but instead requires a coordinated response by several organs of the state.

STF decision of 09.09.2015

In the preliminary decision in ADPF 347 (rapporteur: Justice Marco Aurélio Mello), the STF on 9 September 2015 declared the Brazilian prison system to be an estado de coisas inconstitucional. The reasoning: systemic overcrowding, violence, inadequate medical care, and the failure of rehabilitation objectives. Among other things, the decision orders that detention judges must conduct a detention review (audiência de custódia) within 24 hours of incarceration.

The factual situation

As of 2024/2025, Brazil holds roughly 810,000 detainees against an official capacity of about 470,000 places — an occupancy rate of around 173%. Three IACHR provisional-measures proceedings (Curado/Pedrinhas/La Tramacúa) document the international perception of the situation.

Relevance for extradition proceedings

ADPF 347 is a central argument in German extradition proceedings in the context of Article 3 ECHR / Article 4 of the EU Charter: Brazil's own declaration by its highest court that the prison system violates fundamental rights creates a presumption of systemic deficiencies that is barely rebuttable. Diplomatic assurances regarding the specific placement of the requested person must therefore be obtained without exception and made concrete on a case-by-case basis (cf. ECJ Aranyosi/Căldăraru, ECtHR Pirozzi v. Belgium).

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